On June 08, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Cedar Advance Llc,
and
Coolisys Technologies Inc.,
Digital Farms Inc.,
Digital Power Inc,
Dpw Holdings Inc,
Dpw Ventures Inc,
I.Am Inc.,,
Microphase Corporation,
Milton C Ault Iii,
Power-Plus Technical Distributors Llc,
for Other Matters - Contract Non-Commercial
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 07/16/2020 01:03 PM INDEX NO. 154031/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X
CEDAR ADVANCE Index No.: 154031/2020
Plaintiffs, Date Filed:
-against-
STIPULATION OF
DPW HOLDINGS INC, DPW VENTURES INC, DIGITAL DISCONTINUANCE
POWER INC, DIGITAL FARMS INC., POWER-PLUS
TECHNICAL DISTRIBUTORS LLC, COOLISYS
TECHNOLOGIES INC., I.AM INC., MICROPHASE
CORPORATION AND MILTON C AULT III,
Defendants.
-------------------------------------------------------------------------X
WHEREAS, Plaintiff commenced this action (the "Action") by filing a
summons with Motion for Summary Judgment in Lieu of Complaint on June 8, 2020;
AND WHEREAS, Defendants DPW HOLDINGS INC, DPW
VENTURES INC, DIGITAL FARMS INC., POWER-PLUS TECHNICAL
DISTRIBUTORS LLC, COOLISYS TECHNOLOGIES INC., I.AM INC.,
MICROPHASE CORPORATION AND MILTON C AULT III, (collectively, the
Defendants" "Parties")¹
"Appearing and with "Plaintiff", the have moved to dismiss
the action pursuant to CPLR 3211(a)(8);
IT IS HEREBY STIPULATED AND AGREED, by the Parties through
their undersigned counsel that this Action is hereby discontinued without prejudice
against the Appearing Defendants and without costs or attorneys fees to Plaintiff or
the Appearing Defendants;
1 Digital Power Inc has not yet appeared in this action.
1 of 2
FILED: NEW YORK COUNTY CLERK 07/16/2020 01:03 PM INDEX NO. 154031/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/16/2020
IT IS FURTHER STIPULATED AND AGREED, by the Parties that
both motions are hereby withdrawn as moot without prejudice and without costs or
attorneys fees to either party;
IT IS FURTHER STIPULATED AND AGREED, by the Parties that by
entering into this Stipulation, the Appearing Defendants have not availed themselves
of jurisdiction in this Court;
IT IS FURTHER STIPULATED AND AGREED by the Parties that
faxed, scanned or electronic signatures on this Stipulation shall be of the same force
and effect as original signatures.
Dated: New York, New York
July 16, 2020
BERKOVITCH & BOUSKILA, PLLC WELTZ KAKOS GERBI WOLINETZ
VOLYNSKY LLP
By: By:
Ariel Bouskila Robert Volynsky
Attorneys for Plaintiff Attorneys for the Appearing
80 Broad Street, Suite 3303 Defendants
New NY 10004 1441 3rd Floor
York, Broadway,
(212) 729-1477 New York, New York 10018
(212)202-3171
2
2 of 2
Document Filed Date
July 16, 2020
Case Filing Date
June 08, 2020
Category
Other Matters - Contract Non-Commercial
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FILED: NEW YORK COUNTY CLERK 07/16/2020 01:03 PM INDEX NO. 154031/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X CEDAR ADVANCE Index No.: 154031/2020 Plaintiffs, Date Filed: -against- STIPULATION OF DPW HOLDINGS INC, DPW VENTURES INC, DIGITAL DISCONTINUANCE POWER INC, DIGITAL FARMS INC., POWER-PLUS TECHNICAL DISTRIBUTORS LLC, COOLISYS TECHNOLOGIES INC., I.AM INC., MICROPHASE CORPORATION AND MILTON C AULT III, Defendants. -------------------------------------------------------------------------X WHEREAS, Plaintiff commenced this action (the "Action") by filing a summons with Motion for Summary Judgment in Lieu of Complaint on June 8, 2020; AND WHEREAS, Defendants DPW HOLDINGS INC, DPW VENTURES INC, DIGITAL FARMS INC., POWER-PLUS TECHNICAL DISTRIBUTORS LLC, COOLISYS TECHNOLOGIES INC., I.AM INC., MICROPHASE CORPORATION AND MILTON C AULT III, (collectively, the Defendants" "Parties")¹ "Appearing and with "Plaintiff", the have moved to dismiss the action pursuant to CPLR 3211(a)(8); IT IS HEREBY STIPULATED AND AGREED, by the Parties through their undersigned counsel that this Action is hereby discontinued without prejudice against the Appearing Defendants and without costs or attorneys fees to Plaintiff or the Appearing Defendants; 1 Digital Power Inc has not yet appeared in this action. 1 of 2 FILED: NEW YORK COUNTY CLERK 07/16/2020 01:03 PM INDEX NO. 154031/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/16/2020 IT IS FURTHER STIPULATED AND AGREED, by the Parties that both motions are hereby withdrawn as moot without prejudice and without costs or attorneys fees to either party; IT IS FURTHER STIPULATED AND AGREED, by the Parties that by entering into this Stipulation, the Appearing Defendants have not availed themselves of jurisdiction in this Court; IT IS FURTHER STIPULATED AND AGREED by the Parties that faxed, scanned or electronic signatures on this Stipulation shall be of the same force and effect as original signatures. Dated: New York, New York July 16, 2020 BERKOVITCH & BOUSKILA, PLLC WELTZ KAKOS GERBI WOLINETZ VOLYNSKY LLP By: By: Ariel Bouskila Robert Volynsky Attorneys for Plaintiff Attorneys for the Appearing 80 Broad Street, Suite 3303 Defendants New NY 10004 1441 3rd Floor York, Broadway, (212) 729-1477 New York, New York 10018 (212)202-3171 2 2 of 2